2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Kevin McKeever, Judge.  AFFIRMED ON APPEAL AND AFFIRMED AS MODIFIED ON CROSS-APPEAL.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J.  (10 pages)

            Ashley Schuler appeals from a decree establishing paternity, custody, physical care, visitation, and child support.  Schuler challenges the district court’s order of physical care of the parties’ child with the father, Michael Welch, and claims the court incorrectly imputed her income for child-support purposes.  Michael cross-appeals, claiming the court erred by awarding mid-week visitation to Ashley and ordering him to pay half of Ashley’s trial attorney fees.  OPINION HOLDS: Upon review, we find the district court’s factual determinations are supported by the record and affirm the physical-care and visitation decisions and child-support calculation.  We modify the decree to strike the award of trial attorney fees, which were not authorized by statute.  We deny the parties’ requests for appellate attorney fees.

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J. (5 pages)

            Keenan Glasgow appeals the sentence imposed following his guilty plea, claiming the prosecutor breached the plea agreement.  OPINION HOLDS: Upon our review, we affirm. 

            Appeal from the Iowa District Court for Jefferson County, Myron Gookin, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J. (6 pages)

            Judah Bolser appeals his conviction for second-degree burglary, challenging the sufficiency of the evidence supporting his conviction.  OPINION HOLDS: Upon our review, we affirm. 

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Buller, J.  (3 pages)

            A property owner appeals the dismissal of his claims.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Ahlers, P.J.  (4 pages)

            A father challenges the statutory grounds authorizing termination of his parental rights.  OPINION HOLDS: The State established a statutory ground for termination because the child could not be safely returned to the father’s custody at the time of the termination hearing.

            Appeal from the Iowa District Court for Polk County, Erik I. Howe, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: Because the statutory and best‑interests determinations support termination and none of the father’s arguments against termination have merit, we affirm the termination of his parental rights.

            Appeal from the Iowa District Court for Black Hawk County, Michelle Jungers, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Ahlers, P.J.  (5 pages)

            A mother appeals the juvenile court’s order terminating her parental rights.  She challenges only the court’s denial of her request for additional time to work toward reunification.  OPINION HOLDS: The record does not support a finding that the need for removal would be resolved within the additional six-month period requested.  Accordingly, we affirm the juvenile court’s order denying the mother’s request for additional time and terminating her parental rights.

            Appeal from the Iowa District Court for Osceola County, Shawna L. Ditsworth, Judge. AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Sandy, J., takes no part.  Opinion by Tabor, C.J.  (6 pages)

            A father appeals the termination of his parental rights to a toddler daughter.  He raises a slew of arguments.  OPINION HOLDS: The only argument preserved and not waived is that termination would be detrimental to the child due to the closeness of the parent-child relationship.  That statutory exception does not work to prevent termination because the father did not show that the disadvantage of termination outweighs the harm posed by placing the toddler back in her father’s care while he is using drugs.  So we affirm. 

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (7 pages)

            A mother appeals the termination of her parental rights to her child.  She claims the State failed to prove one of the grounds for termination cited by the district court and termination is not in the child’s best interests due to the parent-child bond.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (9 pages)

            Crystal Randolph appeals the district court’s dismissal of her dissolution petition and its entry of a child-custody order under Iowa Code chapter 600B (2020) after finding that she failed to prove a common-law marriage with Jeremy Musso.  OPINION HOLDS: On our de novo review, giving appropriate deference to the district court’s factual findings and its determination that neither party is credible, we agree that Randolph failed to prove a common-law marriage.  The parties’ many shifting assertions of married and single status in different contexts reflect an intent to serve their personal convenience or financial benefit—not a present intent and agreement to be married.  We thus affirm the district court’s order.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (8 pages)

            Anthony Leo appeals a jury verdict finding that Lynn Nelson and Des Moines Orthopaedic Surgeons, P.C., were not liable for medical malpractice, arguing that the court erred in instructing the jury on alternative methods of treatment.  OPINION HOLDS: Competing expert testimony at trial provided substantial evidence that there were two methods of treatment for post-operative imaging.  And so, the district court did not err in giving the jury the challenged alternative-methods-of-treatment instruction.  

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., Sandy, J., and Vogel, S.J.  Opinion by Vogel, S.J. (8 pages)

            A defendant appeals his conviction for voluntary manslaughter, arguing insufficient evidence supports the conviction.  OPINION HOLDS: Viewing the evidence in the light most favorable to the State, we find substantial evidence supports the jury’s finding that Flowers intentionally struck and killed the victim.  We similarly conclude that the jury’s erroneous provocation finding worked a benefit to Flowers, which is not reversible error.  Thus, we affirm Flowers’s conviction.